Planning Commission Minutes 06/25/2019 CORRECTED 07/03/2019
PLANNING COMMISSION – REGULAR MEETING
TUESDAY, JUNE 25, 2019
SIMSBURY TOWN OFFICES – MAIN MEETING ROOM – 7:00 p.m.
933 HOPMEADOW STREET, SIMSBURY, CONNECTICUT
I. CALL TO ORDER-Chairman Rice called the meeting to order at 7:04pm.
1. Pledge of Allegiance
II. ROLL CALL
1. Appointment of Alternates (Chairman Rice promoted Richard Cortes to regular status)
Present: William Rice, Holly Beum, Erin Leavitt-Smith, Craig MacCormac, David Blume, Richard Cortes
Absent: Gary Lungarini, Elizabeth Burt
Staff Present: Michael Glidden, Director of Planning and Community Development
Bob Decrescenzo; Town Attorney
III. APPROVAL OF MINUTES of the June 11, 2019 regular meeting
MOTION: Erin Leavitt-Smith made a motion to table the minutes for the June 11, 2019 meeting so staff can review Town Engineer, Mr. Shea’s testimony. The motion was seconded by Rich Cortes and passed unanimously at 7:10pm.
IV. PUBLIC HEARINGS
1. None
V. OLD BUSINESS
1. Applications
a. In accordance with HHD-CV17-6077573-S: PALMER, ROYCE Et Al v. TOWN OF SIMSBURY PLANNING COMMISSION; order dated 12/07/2018: Application #16-02 of Mansour Prime Properties, LLC, Agent; Royce Palmer, Owner; for a 19-lot affordable housing subdivision under CGS 8-30g on the property located at 80 Climax Road (Assessor’s Map D20, Block 608, Lot 001). Zone R-40. (decision must be rendered by 06/25/2019)
The commission was in receipt of a staff-written motion approving Application #16-02. The commission was also in receipt of a letter and a basis of denial for Application #16-02 from Commissioner Holly Beum.
MOTION: William Rice made a motion (drafted by staff) to approve application #16-02 by Mansour Prime Properties LLC.
William Rice read the approval during his motion, which included 16 conditions that must be applied by the applicant either before, during, or after the construction of the subdivision.
Attorney Bob Decrescenzo, Michael Glidden, and commissioners edited the language of the staff-drafted motion as William Rice read it aloud.
Richard Cortez seconded the motion and discussion ensued:
Craig MacCormac stated that “this application was given quite a bit of consideration and the applicants answered all the questions.” He added that the feedback from residents was also very important. He stated that this motion captures a sense of what was discussed in the last meeting very well.
Rich Cortes stated that the applicant answered the 3 items that were remanded back to the commission, and that he is in favor of approving the application because of this.
Holly Beum addressed her letter. She provided the CT statues within her letter for the commissioners to reference during discussion.
Ms. Beum stated that she does not see how the motion takes the town’s people into consideration.
Ms. Beum stated that the public record is clear, there was no public support for this, just opposition. She added that the commission spent little or no time discussing or “weighing the actual need for affordable housing.”
Ms. Beum read the judge’s excerpt regarding the commission’s first decision which was a decision of denial for application #16-02. The judge stated that the commission did not ask the question: “Was it necessary to protect substantial public interest that clearly outweighs the needs for affordable housing?”
Craig MacCormac stated that this was regarding traffic safety.
Rich Cortes stated that the commission should only be discussing the last 3 items that were remanded back to the commission.
Erin Leavitt-Smith stated that she disagreed with the judge, and that the commission’s denial was actually based on public safety. She added that the commission shouldn’t be discussing this topic, as it does not relate to the 3 items remanded back to the commission.
Bob Decrescenzo stated that public safety and non-compliance can be issues discussed by relating them to the 3 items that were remanded. He added that when applying public safety concern to the 3 issues that there has to be a risk of public harm, and evidence of substantial and quantifiable harm.
Ms. Beum stated that there is an “abatement of harm” and that this is a “fragile environment.” In addition, there is no actual need for this type of affordable housing. She added that no public member stood up and said that we actually need this.
William Rice stated that just because people didn’t stand against it, doesn’t mean that they don’t support this.
Rich Cortes stated that the 8-30g and the definition of “affordable” should be taken up with the state legislation.
Holly Beum added that the commission is allowed to consider this need in our town.
Erin Leavitt-Smith agreed that no one came out in support of this, but there’s just not enough evidence that shows risk or harm.
Bob Decrescenzo added that there should be a “quantifiable probability that a specific harm will result.”
William Rice stated that the public who was present expressed dislike, but no one discussed harm vs. need. They only discussed physical need.
MOTION:
William Rice asked who was in favor to grant the approval with conditions.
The motion carried 5-1 with Holly Beum voting nay.
The motion passed at 7:52pm.
In granting the approval of this subdivision, the Commission places the following conditions on the application:
1. The applicant shall place a clearly visible note on the plan: “These units were approved under the provisions of Connecticut General Statutes 8-30g as of date of approval.”
2. The above language shall also be place in any deed recorded for the lots/property.
3. Applicant is to provide deed restriction language for affordable units to Planning Commission’s agent and the Town Attorney for review and approval prior to filing of the subdivision mylars.
4. An owner of a deed- restricted affordable unit shall be required to notify the Planning Commission’s agent of any offer for sale. The Planning Commission’s agent shall review the affordability plan and certify the maximum sale price.
5. Changes to location of affordable units as depicted on latest affordable housing plan require approval from the Commission’s agent. Said requests are to be made in writing to the Town Planner prior to implementation in the field.
6. The applicant shall prepare two (2) mylar and two (2) paper copies of the complete plan set for signature by Chairman. One (1) mylar set shall be filed with the Simsbury Town Clerk and one (1) mylar set shall be filed with the Engineering Department.
7. Applicant is to provide financial surety in a form approved by the Planning’s Commission’s agent and Town Attorney in the amount of $15,000.00 for erosion and sediment control.
8. A pre-construction meeting with Town staff is required prior to commencement of site work.
9. Applicant is to secure developer’s agreement, updated inter-town agreement, and any other construction related approvals deemed necessary by the Water Pollution Control Authority prior to start of construction activities.
10. All public improvements shall be constructed and accepted in accordance with the Highway Construction and Design Standards for the Town of Simsbury.
11. All conditions of approval associated with the erosion and sediment control plan referral to Conservation Commission are incorporated into this approval.
12. Design Engineer must supervise construction of all public improvements including roadway and stormwater features and provide inspection reports to the Town Engineer certifying that construction activities conform to approved plans.
13. Proposed development will be served by a public roadway. Construction of all public improvements shall be completed in accordance with approved plans and Town of Simsbury Highway standards. The Town of Simsbury reserves right to inspect public improvements associated with this project.
14. In order for Board of Selectmen to accept into the public roadway network, the following documents must be provided:
a. Legal documents for deeded rights for proposed roadway right of way and easements documents for future access and maintenance of stormwater improvements are to be reviewed and approved by the Town Attorney prior to transfer.
b. A licensed surveyor shall provide certification that monumentation to establish proposed road right of way is completed prior to roadway acceptance.
c. Results such as compaction and material testing associated with the roadway construction need to be provided to the Town Engineer
d. As-Built drawings for roadway and stormwater basins/features are required as part of roadway acceptance process. In addition to as-built drawings, Applicant is to provide certification from professional engineer that stormwater basins were constructed in accordance with approved plans and function as intended. Said certifications are to be provided to Town staff prior to roadway acceptance.
15. Issuance of Certificates of Occupancy requires the following development specific information to be provided to the Zoning Enforcement Officer:
a. All property corners are to be pinned by licensed surveyor
b. Certification that Cultech systems for roof recharge systems are installed per approved plans and manufacturer’s specification. Said certification is to be provided by a Professional Engineer
c. Final As-Built drawings for developed lots are to include A2 location of Cultech system in additional to standard as-built requirement such as location of structure, utilities, grading, and other lot improvements.
16. Failure to comply with any of these conditions may result in the issuance of a stop work order or other appropriate enforcement measures as determined by Town Staff.
VI. NEW BUSINESS
1. Receipt of New Applications
a. Application #19-02 of Dorset Crossing LLC, Owner; Attorney Tom Fahey, Fahey & Landolina, Agent; for the revision to the layout of the temporary cul-de-sac and easement, resulting in the re-subdivision of the properties located at 115 Casterbridge Crossing (Assessor’s Map H04, Block 403, Lot 13A-G) and 130 Casterbridge Crossing (Assessor’s Map H04, Block 403, Lot 13A-D). Zone PAD. (to be received 06/25/2019; public hearing to be scheduled for 07/09/2019)
Chairman Rice stated that the Planning Commission is now in receipt of application #19-02 and stated that the public hearing will be held at the next meeting, July 9, 2019.
Michael Glidden stated that the application was already approved in January of 2017.
The applicants failed to file the mylars within 90 days.
No changes have been made.
2. Referrals
a. None
VII. GENERAL COMMISSION BUSINESS
1. Correspondence
FEMA will update flood insurance rate maps. The Farmington River and Hop Brook have been selected to receive updated detailed engineering study. There is 30 days to appeal the decision and ask for additional water sources to be included.
VIII. ADJOURNMENT
MOTION: Rich Cortes made a motion to adjourn the meeting. David Blume seconded the motion. The motion passed unanimously at 7:56pm.
Submitted by
Tammy Marzucca